Legal Question in Wills and Trusts in California

My father died in January, my brother is on the home's deed and I've been told there doesn't need to be probate because of this reason. My dad had about $22.000.00 credit card debt, my brother is the executor and he and his wife told me we don't have to pay his credit cards off, for the record 4 months later one credit card company is still calling for payment and they are being rebuffed by my sister in-law. My main problem is I have been willed his 2004 Toyota Corolla. I paid the final $880.00 to pay off the car to Toyota Financial Corp. I just received the title in the mail but I am not going to try and transfer the title to me until I talk to a lawyer. On the California DMV Reg 5 form (non probate change of title) there is a clause and I have to state that there are no unsatisfied debtors, I have to sign under penalty of perjury. Also it states that I will be held to probate laws (Calif) 13109-13112, which says in essence that if I change title I could be liable to pay all debts just like they are my fathers. I am not the executor and do not control his home ( I see it getting a lien for sure). I want to try and work out a cut rate deal with the credit cards (they were not used for me), but am not getting any response from the executor (they feel we don't have to pay the credit cards), I feel that paying them off will open the door to let me change the title to my dad's car, without squaring the credit card companies I think I am putting myself at risk of criminal and civil charges if I sign these forms for DMV. Am I right? What are the consequences of changing the title over under these circumstances? I am not doing so until I am sure I am not going to be held responsible for this drama that I did not cause. My wife and I have AAA credit and no unsecured debt, we can't let ourselves be drawn into any mess that will besmirch our good names. My name is not tied to anything at all in regards to my father or brother and I'd like to keep it that way. Thanks so much


Asked on 4/16/10, 5:14 pm

1 Answer from Attorneys
Michael B Furman Law Office of Michael B. Furman

You indicated that the estate is being probated and your brother is the executor. If this is the case, the PC 13100 procedure is NOT available. The only way to clear title is through the probate.

On a related matter, as part of the probate proceedings, there is a creditor claims procedure. In this procedure, a notice to creditors is published in a newspaper of general circulation and notice must be sent by mail to the known or ascertainable creditors. There is a limitee period of time within which the creditors may file a claim. If the creditor does timely file a claim, then the executor must accept or reject the claim. If the executor accepts the claim, it must be paid before the court will allow the probate case to close and the assets distributed. If the executor rejects the claim, he must notify the creditor of the rejection. The creditor then has 3 months within which to file suit against the estate. If the creditor fails to do so, then the claim is barred.

For additional information about the probate process, see my website: sandiegoestateplanning.net.

PLEASE NOTE THAT THE FOREGOING IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY UPON THE FOREGOING AS LEGAL ADVICE TO YOU. YOU SHOULD CONTACT AND RETAIN AN ATTORNEY TO ASSIST YOU IN THIS MATTER.

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Answered on 4/22/10, 10:17 am


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